Restaurant Manager's DWI Conviction Gives Aldermen Pause on Liquor License

Beer and liquor can continue to be served at  restaurant, despite concerns raised by some aldermen about a manager's 2009 drunken-driving conviction.

Aldermen voted 9-3 Tuesday night to renew liquor licenses for Bonefish Grill under new ownership and approve its new listed agent, Gregory Swanberg.

Swanberg's January 2009 arrest for first-offense drunken driving in Menomonee Falls did not sit well with aldermen Bill Carnell, Renee Lowerr and Lisa Mellone, who said the manager of the restaurant's staff should not have that type of conviction on his record.

First-offense drunken driving is a non-criminal, municipal citation in Wisconsin. Swanberg was convicted on March 11, 2009, ordered to pay a $726 forfeiture, undergo an alcohol assessment and have his driver's license revoked for eight months.

Swanberg, of Germantown, was traveling out of state for business Wednesday morning and could not be reached for comment. 

As the agent, Swanberg signed city paperwork stating he will "assume full responsibility for the conduct of all business relative to alcohol beverages conducted on the premises."

Aldermen who voted to approve Swanberg's status as Bonefish's agent said they talked with him at a previous committee meeting and were impressed with his character and remorse over the incident.

"He seemed to have all the earmarks of responsible behavior," said Ald. Gary Mahkorn, chair of the Common Council's Legislative & Licensing Committee which processes liquor license applications.

Ald. Carnell said Swanberg's blood-alcohol level on the Jan. 5, 2009, arrest was 0.20, more than double the state's legal limit of 0.08. 

The city automatically denies new agent requests by anyone with a drunken-driving conviction within the previous 18 months. If the conviction is between 18 months and three years old, the licensing committee reviews it on a case-by-case basis. 

Mahkorn said some have been approved and some denied in the past. But he was not aware of any approved who then were arrested on new charges.

Ald. Lowerr said Swanberg should be held to a higher standard. "Being a managing parter, this person is in a leadership role," she said.

Ald. Lisa Mellone said, "I think it's prudent to err on the side of caution."

Had a majority of the council voted to deny Swanberg as Bonefish's agent, the seafood eatery would have been able to submit a new recommended agent, City Attorney Karen Flaherty said. 

But most aldermen said Swanberg's otherwise spotless record and his promise to closely train and supervise his staff on alcohol serving gave them little pause in approving the requests.

"I certainly felt .... this would not be repeated," Ald. Rick Owen said.

In July, the city will renew its liquor licenses, including that of Bonefish, and be in position to reassess the situation, aldermen said.